Alabama Rental Application

What information should landlords collect?

To select qualified tenants, landlords should collect specific information from applicants to help narrow down their options. Alabama application forms capture the following details about prospective renters:

• Personal information: The name of the applicant and any co-applicants or co-signers, along with contact information, date of birth, Social Security number, and emergency contacts
• Financial information: Records of the applicant’s income, rental, employment, and credit history
• Landlord and employer references: Often optional, but can help verify employment and good standing with previous landlords
• Rental history: Information about where the applicant currently lives and has lived in the past
• Pets: Whether the applicant has pets, how many, and what type, including emotional support animals (ESAs) and service animals
• Smoking status: Whether the applicant smokes and if they intend to smoke on the property
• Vehicle information: Details about the applicant’s vehicles, including number, make, model, and year

Because of the sensitive nature of this information, federal and state laws govern what data landlords can collect and how they can use it during the residential application process.

Stay compliant: TurboTenant offers free digital applications to help Alabama landlords cover these details, along with a comprehensive suite of other landlord-specific tools.

Pre-Screener

To determine whether a candidate is a good fit for a rental unit, landlords can ask interested parties to complete a pre-screener. These quick questionnaires help landlords filter out leads and allow unqualified applicants to move on quickly to their next potential rental.

This fillable form typically covers standard details such as the applicant’s:

• Contact information,
• Smoking status,
• Employment information,
• Income,
• Self-reported credit score,
• Desired move-in date,
• Number of people in the tenant’s household,
• Pets,
• And more.

While not required by Alabama landlord-tenant laws, pre-screeners can save both landlords and applicants valuable time. Landlords, however, should never use a pre-screener in place of a full Alabama rental application.

Federal Application Laws

Certain laws govern the application process nationwide. Landlords should keep the following regulations in mind when handling applications and conducting tenant background checks to remain fully compliant with federal law.

Fair Housing Act (FHA): The FHA prohibits landlords from discriminating against rental applicants based on protected characteristics, including race, color, religion, national origin, sex, disability, and familial status. Landlords cannot deny an applicant solely because of these factors, ask questions that reveal whether an applicant belongs to a protected class, or advertise to or against specific groups.

This law also protects tenants from unequal lease terms or eviction based on these characteristics. All property managers and landlord employees must comply with the FHA, as landlords can be held liable for discriminatory actions taken by their staff (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): Like the FHA, ECOA protects applicants from discrimination based on sex, race, religion, and marital status. It also prohibits landlords from discriminating against applicants who receive public assistance for rent or credit and regulates how landlords can use credit history during the application process (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): The ADA prohibits landlords from discriminating against prospective renters on the basis of disability. Landlords cannot deny an applicant solely because of a disability and must avoid using language that reflects bias. Further, they must also allow reasonable and necessary modifications, including permitting service animals and providing access to designated accessible parking spaces (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): The FCRA governs how landlords can use credit reports during the application process. To stay compliant, landlords must obtain the applicant’s written consent before conducting a credit check. Additionally, if a landlord denies housing based on the applicant’s credit history, the landlord must provide an adverse action notice to the rejected applicant (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: Landlords cannot consider race or color during the application process or during any other real estate transaction (42 U.S.C. § 1981).

Alabama Application Laws

In addition to federal regulations, state laws also dictate what information landlords can request on an Alabama application form and whether they can lawfully deny an applicant. The Alabama Fair Housing Law mirrors the federal FHA by protecting tenants from discrimination based on specific characteristics.

However, unlike some states that extend additional protections, Alabama law covers only the same protected classes recognized under the federal statute. It does not include any additional protections for rental applicants or tenants.

Source of income: Alabama law does not prevent landlords from discriminating against rental applicants based on their source of income.

Criminal history: Landlords in Alabama can review an applicant’s criminal history as part of the application process. However, they must evaluate records on a case-by-case basis, considering the nature, severity, and recency of the offenses before making a decision.

Eviction history: Landlords in Alabama may consider an applicant’s past eviction history when selecting a tenant.

Sexual orientation & gender identity: Alabama law does not protect tenants from discrimination based on sexual orientation or gender identity, though federal protections under the FHA may still apply.

Pets, ESAs, and Service Animals

In Alabama, landlords may prohibit pets in their rental units, but, under the FHA, they must make reasonable accommodations for tenants who require assistance animals, including emotional support animals (ESAs) and service animals. Per federal law, these animals are not considered pets, though tenants are still responsible for any damage they cause.

Pet information: As part of the application process, landlords should ask prospective tenants whether they have pets, ESAs, or service animals. If they allow pets, landlords should include a section on the Alabama application form to collect details like the number, size, type, and breed of pets.

Fair Housing Act: Under federal fair housing laws, landlords cannot discriminate against applicants with ESAs or service animals. They also cannot charge additional fees such as pet deposits or pet rent. Lastly, landlords cannot deny applicants based on the type, breed, size, or weight of a service animal or an ESA, even if their pet policies would normally restrict such animals.

Denial Process

Landlords can legally reject applicants for reasons such as insufficient income, unsatisfactory credit, poor eviction history, or criminal background. Additionally, they may deny applications that contain false or incomplete information.

Denial notice: Alabama law does not require landlords to notify applicants when they deny their rental application.

Credit/Background denials: Under the FCRA, landlords who reject applicants based on information in a credit report must provide a written adverse action notice, which must include:

• The name of the organization that performed the credit and background check,
• A reminder of the applicant’s right to dispute the decision, and
• Contact information of the reporting agency (15 U.S.C. § 1681m).

Document storage: Although Alabama law does not require landlords to retain documents related to application denials, keeping these forms and reports on file for up to 2 years is a best practice. Maintaining this documentation can help protect against discrimination claims during the application process.